U.S. Code » Title 8 » Chapter CHAPTER 12— IMMIGRATION AND NATIONALITY › Subchapter SUBCHAPTER III— NATIONALITY AND NATURALIZATION › Part Part II— Nationality Through Naturalization

8 U.S.C. § 1425

Ineligibility to naturalization of deserters from the Armed Forces

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A person who, at any time during which the United States has been or shall be at war, deserted or shall desert the military, air, or naval forces of the United States, or who, having been duly enrolled, departed, or shall depart from the jurisdiction of the district in which enrolled, or who, whether or not having been duly enrolled, went or shall go beyond the limits of the United States, with intent to avoid any draft into the military, air, or naval service, lawfully ordered, shall, upon conviction thereof by a court martial or a court of competent jurisdiction, be permanently ineligible to become a citizen of the United States; and such deserters and evaders shall be forever incapable of holding any office of trust or of profit under the United States, or of exercising any rights of citizens thereof.

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1970–2024 · leading case: United States v. Antonio Medina Puerta
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United States v. Antonio Medina Puerta (1992) ca9 “For example, naturalization is denied to applicants who have deserted the armed forces ( 8 U.S.C. § 1425 ) or do not speak English or understand American institutions ( 8 U.”
United States v. Divna Maslenjak (2016) ca6 “This is not surprising because § 1425(a) criminalizes procuring citizenship or naturalization in any way ‘that is “contrary to law,” not just by making false statements.”
United States v. Efren Pangilinan Sanga (1992) ca9 “§ 371 , and unlawful procurement of citizenship, in violation of 8 U.S.C. § 1425 . We have jurisdiction under 28 U.”
In the Matter of the Petition for Naturalization of Brenda Barbara Weitzman (1970) ca8 “Section 314 of the Act, 8 U.S.C. § 1425 , makes ineligible for citizenship a person convicted of deserting the armed forces in time of war.”
Joseph Gramaglia v. United States (1985) ca2 “He argues that section 315 denies aliens equal protection of the laws because under that section an alien who uses his alienage to secure an exemption from military service is automatically barred from citizenship, while under section 314, 8 U.S.C. § 1425 (1982), an alien who…”
Hussain v. Chertoff (2007) mad “8 U.S.C. §§ 1425 and 1426. He must not be an illegal alien.”
United States v. Kwame Djanson (2014) ca4 “PER CURIAM: Kwame Essel Djanson appeals his conviction for unlawful procurement of naturalization, in -violation of 8 U.S.C. § 1425 (a) (2012), * and the district court’s order revoking his naturalization.”
Paulo E. Gallarde v. Immigration and Naturalization Service (2007) ca9 “See Immigration and Nationality Act § 314 (codified at 8 U.S.C. § 1425 ). Section 314 also bars from citizenship aliens who desert the Armed Forces during time of war.”
United States v. Walus (1978) ilnd “The defendant argued that common law issues are presented because of the criminal nature of the Government’s allegations, and because, on the same facts, the plaintiff could proceed against the defendant criminally under 8 U.S.C. § 1425 . The defendant also found support for his…”
Florida Board of Bar Examiners (1998) fla “8 U.S.C. § 1425 (1994). .The Board clearly states that it is not recommending that J.”
United States v. Inocencio (2002) hid “In this case, because Section 1451(e) mandates revocation after conviction under 8 U.S.C. § 1425 , Defendant’s ability to oppose revocation has not been prejudiced by the Government’s delay.”
United States v. Herbert Diaz (2024) ca4 “Because the evidence presented by the government before the case was reopened showed Diaz lied about conduct that disqualifies him from citizenship, the evidence was already sufficient to support Diaz’s conviction under 8 U.S.C. § 1425 (a). Diaz, therefore, was not prejudiced by…”
Show all 14 citing cases →
— 8 U.S.C. § 1425(a) — 1 case
United States v. Divna Maslenjak (2016) ca6 “This is not surprising because § 1425(a) criminalizes procuring citizenship or naturalization in any way ‘that is “contrary to law,” not just by making false statements.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.